Mansfield v. Bell

Citations

• 24 Pa. Super. 447
• 1904 Pa. Super. LEXIS 206

Syllabus

<p>Execution — Wrongful levy — Sale—Trespass—Evidence—Record.</p> <p>In an action of trespass to recover damages for an alleged wrongful seizure and sale of plaintiff’s property, the plaintiff will not be permitted to show by the evidence of the constable, and without offering to produce the record, what goods were comprised in the levy and sold] and this is the case, although the plaintiff had previously given similar testimony, without objection on the part of the defendant.</p> <p>Execution — Wrongful sale — Husband and wife — Damages.</p> <p>Where a constable without manual seizure wrongfully sells the goods of a wife as the property of her husband, and the purchaser pays the amount of his bid, takes from the constable a bill of sale and leaves the goods upon the premises, and there is no agreement between the purchaser and either the husband or the wife, as to the purchase of the goods, or the use of them after the sale, the wife is entitled to recover the value of the goods at the time of the sale.</p>